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Case No. 18-1176

State of Iowa
JD Ray Anderson


State of Iowa


JD Ray Anderson

Attorney for the Appellee

Zachary Miller, Assistant Attorney General

Attorney for the Appellant

Bradley M. Bender, Assistant Appellate Defender

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 05, 2020

            Appeal from the Iowa District Court for Woodbury County, Julie A. Schumacher, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., Mullins, J., and Gamble, S.J.  Schumacher, J., takes no part.  Opinion by Gamble, S.J. (10 pages)

            JD Anderson appeals his conviction for domestic abuse assault, third offense.  He claims he received ineffective assistance of counsel and the district court erred in admitting a 911 call and corresponding transcript.  OPINION HOLDS: Counsel was not ineffective for not objecting to the inclusion of jury instructions for lesser-included offenses or a jury instruction regarding Anderson’s out-of-court statements.  We preserve Anderson’s ineffective-assistance claim regarding counsel’s failure to make a foundational objection to the 911 call.  The 911 call qualified as present-sense-impression and excited-utterance exceptions to the rule against hearsay.

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